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(영문) 수원지방법원 2017.07.14 2016가합76325
건물명도
Text

1. The Defendants deliver each of the real estate listed in the separate sheet to Plaintiff Asian Trust Co., Ltd.

2...

Reasons

1. Basic facts

A. On April 18, 2012, J entered into a contract with, on the ground of the 776.9mm2 (hereinafter “instant land”); on the ground of the Kugdong-gu K-gu K parking lot (hereinafter “instant land”); and on the ground of the instant land and buildings, the G entered into a contract with, the GWD Co., Ltd. (hereinafter “instant construction”) to newly construct (hereinafter “instant construction”) the instant land and buildings with the total construction cost of KRW 2.1 billion, for the purpose of constructing (hereinafter “instant construction”).

B. On May 30, 2012, J entered into a loan agreement with the Plaintiff KIKO Savings Bank Co., Ltd. (hereinafter “Plaintiff bank”) to have a total of KRW 2 billion borrowed in sequential order according to the progress of the construction, and the Plaintiff bank set up a lien waiver statement to the effect that construction would waive all lien events related to the instant project.

C. On May 29, 2012, the Plaintiff bank was the truster J, the trustee Plaintiff Asian Trust Co., Ltd. (hereinafter “Plaintiff Asian Trust”), and the Plaintiff bank on the preferential beneficiary on May 29, 2012 in order to secure the recovery of the money to be loaned under the said loan agreement. The trust real estate is the land in this case, and the instant building was newly constructed, and the trust contract was concluded with the following content:

(hereinafter referred to as the “instant trust agreement”). J (hereinafter referred to as the “Entrusteder”) is entrusted with the real estate (hereinafter referred to as “trust real estate”) listed in the separate sheet (hereinafter referred to as “trustee”) by Asia Trust Co., Ltd. (hereinafter referred to as “trustee”), and the trustee concludes a real estate security trust agreement (including a special agreement for disposal of real estate; hereinafter referred to as “trust agreement”) as follows in accepting it:

Article 1. The Trust, for the purpose of the Trust, shall preserve and manage the trusted real estate in order to guarantee the ownership management of the trusted real estate and the performance of the liabilities or responsibilities borne by the truster.

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